“The fact that I settled is not an admission of guilt. My lawyers and I firmly believe that the pixel art is “fair use” and Maisel and his counsel firmly disagree. I settled for one reason: this was the least expensive option available.” –Andy Baio
I agree with Baio. He used the cover photo and just made it a pixel art piece. He did not take the real cover art and kept it the same and said it was his. He used a piece and tweaked it; making it a new piece of art.
“I’m not going to explain why there’re Rastas and naked women in the paintings, except to say . . . formality . . . and, one thing leads to another. You figure it out. For me art is about continuation, autobiography (the past), what’s right next to you (the present), and the skills to interpret feelings and sensations.” – Richard Prince
In this quote, Prince is explaining why he used the piece. He is relating it to something that is close to him. If you take somebody else’s work and relate it to your life, that is fine. A piece of art can mean different things to each person. I feel if you take someone else’s work and use it for your own, you should give credit to that source.
Fair use is a good law. It protects the people who use copyrighted work for a good cause. As long as you give credit to your source, you should not be sued by anyone.